Toner low! Intellectual property and patented recycled printer cartridges

In any case where modification and resale of a patented article is proposed, a careful technical analysis will need to be made to assess the extent of the modifications and the extent to which they alter the elements of the article that are the subject of the patent claims.

An Australian standard patent gives the inventor of new technology a 20 year monopoly on the "exploitation" of that technology in Australia. This includes both the manufacture and sale of patented articles. But does a patent - or indeed any other intellectual property right - allow the patentee to prevent the activities of a business that legitimately obtains a patented article, alters it, and then resells it second hand in competition with the patentee's product?